A person entitled to the grant of a European patent may only avail himself of the remedies under Article 61, paragraph 1, if:

(a)

he does so no later than three months after the decision recognising his entitlement has become final, and

(b)

the European patent has not yet been granted.

(2)

Such remedies shall only apply in respect of Contracting States designated in the European patent application in which the decision has been taken or recognised or must be recognised on the basis of the Protocol on Recognition.